If no deal is agreed between the EU and the UK, organisations (Part 21 Subpart G) manufacturing aeronautical products for the European market might need to take action to maximise continuity and stability for the aviation sector. Actions required would depend on individual circumstances and are a matter for each business and individual to consider. This page sets what you need to consider to prepare for such an eventuality.
PART 21-G PRODUCTION ORGANISATION APPROVAL (POA) - UK PRINCIPAL PLACE OF BUSINESS
*UPDATE* Can my POA ensure acceptable releases of parts and spares in the scenario where the UK leaves the EU without an agreement and we can no longer use an EASA Form 1?
Provision has been made to retain Part 21 in UK legislation. This is intended to include a CAA Authorised Release Certificate – the CAA Form 1, which has been designed so as to have as identical a layout to the EASA Form 1 as possible. A template of the form can be found here: CAA Form 1
This would mean that after the EU exit date oversight would continue to be performed by the CAA using the same personnel, the same requirements and therefore to the same standard as those in place prior to EU exit. Organisations with Part 21 POA approvals issued by the CAA would be authorised to make releases using the CAA Form 1 from exit day.
While the UK would no longer be part of the EASA system, the same technical regulations and standards would continue to apply in the UK, and UK industry would be subject to the same CAA oversight as it was before exit day. There is no practical reason for other authorities not to accept UK-issued safety certificates, though that decision is a matter for the EU and EASA.
To minimise potential disruption to industry and passengers, the legislation includes provision for UK recognition of EASA approvals and certificates for up to 2 years after EU exit to allow the continued acceptance of EU-produced components and spares for UK operators and organisations.
New agreements have been developed directly between the UK and Japan's Civil Aviation Bureau and ANAC of Brazil to ensure acceptance of the CAA Form 1.
We have agreed new bilateral arrangement implementing procedures with the US FAA, which will come into force should the UK leave the EU without an agreement.
We have also agreed a new bilateral with Transport Canada which will come into force should the UK leave the EU without an agreement.
I currently have a Part 21 Subpart G approval located in the UK, what would the impact be on my organisation?
From exit day you would no longer be able to make releases using an EASA Form 1. UK legislation would be amended so that production organisations approved to Part 21G by the CAA would remain approved and may continue to make production releases using a CAA Form 1. We cannot guarantee mutual acceptance of that release outside the UK and its bilateral partners.
To be able to produce and release parts using an EASA Form 1 and restore mutual acceptance within the EASA Member States, UK-based production organisations would need to obtain an EASA Part 21 Subpart G approval directly from EASA.
Can I seek a new 21-G approval from EASA before the formal withdrawal date?
From October 2 2018, EASA has said that it will accept third country applications from UK holders of 21-G approvals. Organisations will need to decide whether, in a non-negotiated withdrawal, they wish to retain both a national and an EASA approval.
The CAA intends to continue to recognise current (and valid) EASA certificates for an initial period of up to two years, but no decision has been made about ongoing validity after this period.
Organisations will need to retain their UK approvals should they wish to access the benefits of any Bilateral Air Safety Agreement the UK has in place with third countries. Having a third country approval from EASA is unlikely to give you access to the benefits of the EU’s current Bilateral Air Safety Agreements.
Would I be able to continue to issue EASA Form-1 certificates for my products?
Can the CAA advise what the CAA Form 1 would look like?
A template is available here. As can be seen, the technical information remains largely unchanged and the Form is to be completed in accordance with the existing Instructions and AMC/GM with the exception that the Authority information in the header and the Form Reference itself (CAA Form 1 rather than EASA Form 1) is changed.
*UPDATE* Would Form 1 certificates issued by UK organisations be accepted by EASA for use on EU-registered aircraft?
Organisations located in the UK are able to apply for an approval directly from EASA. You are advised to contact EASA as soon as possible to discuss the application process. In the immediate aftermath of a no-deal exit, CAA Form 1 releases would not be accepted by EASA for use on EU-registered aircraft.
*UPDATE* Would CAA Form 1 certificates issued by UK organisations be accepted by third countries (i.e. USA)?
CAA Form 1 certificates would be accepted by those states the UK has bilateral aviation safety arrangements in place with; including the USA, Canada, Japan and Brazil.
The CAA and FAA have now agreed new implementing procedures for the existing bilateral agreement that come into force in the event of a no-deal exit, details of which can be found here. The FAA will accept UK CAA Form 1 certificates in a no-deal scenario.
We have also agreed a memorandum of understanding with Transport Canada which will come into effect should the UK leave the EU without an agreement. This can be found here.
New arrangements have been developed directly between the UK and Japan's Civil Aviation Bureau and ANAC of Brazil which will come into effect in the event of a no deal exit. The aim of all these arrangements is to establish export and import frameworks similar to what exists today.
Would CAA Form 1 certificates issued by UK organisations be accepted by third countries where we have no bilateral air safety arrangements in place?
Would there be any impact on my business if my Part 21-G approval is issued by EASA?
Within the EU there should be no restrictions on what you can manufacture, providing the design is approved in the EASA system. However, approval by the CAA would be necessary for products, parts and appliances that would be exported to a State where the UK has entered into a bilateral air safety arrangement.
My organisation releases parts to European aerospace companies via a Certificate of Conformity (C of C), would I still be able to manufacture products using this process?
What is the impact of the European Union’s no deal regulations on my preparations?
Part 21 Subpart G organisation approvals are not affected by any of the extensions that the European Union has adopted within the regulations except as mentioned below.
There is no extension to a UK POA’s ability to issue EASA Form 1s after the EU exit date. Therefore, we would encourage organisations to continue with their preparations, including planning to release parts under the UK POA with a UK Form 1 after the UK leaves the EU (in case of a non-negotiated withdrawal) and consider whether to apply for EASA Third Country approval to allow continued releases using an EASA Form 1.
Note however that the EU's regulation allows for the continued installation of parts released with a UK-issued EASA Form 1 prior to UK exit for up to 9 months from the day after the exit date.
PART 21-G PRODUCTION ORGANISATION APPROVAL (POA) – APPLICATIONS FROM OUTSIDE THE UK
As an overseas Part 21 POA Holder (approval issued by the NAA of an EU member state or directly by EASA), do I need to apply for a UK third country approval to be able to continue to supply production parts to the UK with an EASA Form 1?
No, provided your NAA/EASA Part 21G approval is in place on the date of EU exit. UK legislation would provide for the continued acceptance of EASA Form 1s received from overseas POAs holding valid Part 21G approvals on the day of EU exit for a time-limited period and CAA does not intend to accept applications from such organisations during this period.
An organisation obtaining Part 21G approval from EASA or an EU Member State after the date that the UK leaves the EU would need to make an application for a UK third country approval. The arrangements for continued acceptance of EASA Form 1s after the date of EU exit would not apply in a non-negotiated withdrawal scenario.
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